This Ontario ruling may be the most compelling judicial decision you’ll ever read

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The Social-Geographic Context in Which the Offence was Committed

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[22]      I have practised or presided in rural Eastern Ontario for about half of my thirty years of professional life, the last ten of which I have practised or presided in Renfrew County.  I do not own firearms, nor do I engage in hunting.  What follows is what I understand about the community where these offences were committed.
[23]      Westmeath is a quiet, peaceful village located on the shore of the Ottawa River in Whitewater Region Township in the County of Renfrew.  It is home to about 350 souls.
[24]      The village consists of a convenience store, a couple of churches, some local artisans and a winery.
[25]      The population increases substantially in summer due to cottagers.  This is a place where people come to escape the city and enjoy the outdoors.
[26]      Some might describe Westmeath as “sleepy”.  Surrounding the village is some of the finest farmland in the Valley.  There are idyllic rolling hills of fields of hay, corn, soybeans, dairy and livestock operations.
[27]      There is not a lot of crime in Westmeath.  There is the occasional break and enter, theft and the usual array of impaired driving and intimate partner violence cases that are unfortunately part of day-to-day life in Ontario.
[28]      It is, generally speaking, a tranquil environment.
[29]      Nighttime is still and silent.  One might hear the hum of an errant electrical transformer, the barking of a dog spooked by its shadow, the occasional passing of a vehicle, or the din of a farmer, working late with tractor to get the hay bales off the field before it rains.   In winter, when this offence was committed, it is even quieter.
[30]      At any time of day, car alarms and gunshots are rarely heard.
[31]      Unlike the city, or even a small town such as nearby Pembroke, where a car alarm is a more frequent and routine event, in Westmeath, car alarms are also rarely heard.  When they do arise, they somehow seem louder than in a busy city or town, even though logic dictates that cannot be true.
[32]      At night, they seem particularly loud.
[33]      Daytime gunshots are more common when people participate in the tradition of hunting. Occasionally, one will hear gunshots outside of hunting season, when teenagers are engaging in some target practice under the watchful supervision of a parent, or when a farmer must dispatch a pest to protect his crop or his livestock.
[34]      Gunshots at night mean trouble.
[35]      Many people in this part of Ontario learn the proper care and handling of firearms at an early age.  There are many gun and hunting clubs in the area.  Like a driver’s license, getting one’s gun licence and participating in the hunt is a rite of passage.
[36]      Firearms and hunting are part of rural Ontario culture.  Firearms are passed from generation to generation.  While hunting is traditionally a male-dominated pastime, that is less the case with each passing year.  Many women now also take part.  Children are often taken out of school to participate.
[37]      Lest one think that this an activity only pursued by the privileged, for many, hunting supplements the family food supply.  Indigenous people also hunt for subsistence and to practice traditional ways.
[38]      Albeit begrudgingly, most responsible hunters and firearms enthusiasts accept gun control as a fact of life.
[39]      I daresay that most of them would be annoyed to hear about Mr. Valliant’s crimes.
[40]      Some would be angered.
[41]      People who behave like Mr. Valliant perpetrate the stereotype that all gun owners are drunken, trigger-happy, redneck yahoos who are a hair’s breadth from committing a mass casualty event, such as we too often see on American news media.
[42]      Responsible firearms owners have licenses and obey regulations. They do not use their firearms when they are intoxicated.  They realise the inherent danger that comes with possession of their firearms.
[43]      It is not uncommon for individuals in this County to possess firearms without a licence.  Their disobedience is a result of one or more of the following factors:
a)   laziness,
b)   indifference,
c)   protest against what they perceive to be unjust laws brought about by city folk who do not understand rural ways,
d)   protest against what they perceive to be excessive government and regulation, and
e)   some also, unfortunately, believe that it is their constitutional, if not God-given, right to possess firearms.
[44]      Such individuals are not responsible firearms owners.  Such individuals flirt, not only with criminal conviction, and the collateral consequences that come with having a criminal record, but also with the prospect of being sentenced to a period of incarceration.

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Victim Impact

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[45]      The Crown advised that the victim did not wish to file a Victim Impact Statement.
[46]      The Crown stated that the victim was not really affected by what happened, other than he wished to receive $500 to cover his insurance policy’s deductible for the damage to his car that was not covered by insurance.

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Counselling

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[47]      Exhibit 1 is a letter dated July 20, 2025 under the signature of Taryn de Bruyn of the Robbie Dean Counselling Centre in Pembroke.  Ms de Bruyn advises that Mr. Valliant completed an anger management course.  The course consisted of eight weekly sessions, each lasting 90 minutes.  Ms de Bruyn wrote:
Mr. Valliant has been a reliable participant in the Anger Management Group.  He contributed thoughtfully to group discussions and has shown a genuine willingness to reflect on his experiences.  He has made notable progress in understanding and applying emotional regulation strategies.
[48]      Exhibit 2 is a letter dated August 5, 2025 under the signature of Adrienne Campbell of the Pathways Alcohol and Drug Treatment Services.  She reported that Mr. Valliant referred himself to Pathways on March 7, 2025.  Ms Campbell wrote:
To date, Mr. Valliant and I have met on eight occasions, focussing on prevention through identifying his triggers, managing cravings, education on the three stages of relapse, creating a recovery safe plan, dealing with slips and getting back on track and the importance of having a routine and incorporating self care.
Mr. Valliant engages in every appointment.  In just a few short months, Mr. Valliant has made impeccable progress in regards to his alcohol use.  He continues to work hard on his recovery and has been abstaining from alcohol.
[49]      She also noted that she expected Mr. Valliant to continue with therapy after he was sentenced.

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Defence Submissions

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[50]      Defence counsel asked me to grant a conditional discharge followed by 12 months of probation.
[51]      He indicated that most of the damage that was caused to the truck, amounting to over $7000, was paid for by the complainant’s insurance company.   He stated that the complainant was $500 out of pocket for the deductible, which defence counsel had in trust for payment over to the complainant.
[52]      Defence counsel indicated that Mr. Valliant works full-time as a driver.  He is a Canadian citizen with a high school education.  He is 50 years old.  He does not have a criminal record.  He is single and he lives in his own house.
[53]      Defence counsel essentially submitted that this was an isolated incident in which Mr. Valliant acted foolishly because his judgment was impaired by his alcoholism.  He was upset that the vehicle alarm on his neighbour’s F-150 was going off.  When the incident happened, he was using alcohol on a daily basis.  He had fallen asleep after drinking.  He was frustrated and angry because his sleep was disrupted.
[54]      He stated that, as evidenced by the counselling letters, Mr. Valliant has now made sincere efforts to live a sober lifestyle.
[55]       Defence counsel noted that although Mr. Valliant did not have a licence to possess the firearms, they were inherited from a relative and he simply did not follow through on obtaining the appropriate licenses.
[56]      Defence counsel acknowledged that the discharge of the firearm in a residential area is a serious matter.  He suggested that there was no risk to the public because it happened in the middle of the night.
[57]      He also acknowledged that there should be an order for forfeiture of the shotgun and Mr. Valliant should be placed on a weapons prohibiti